How to make an affidavit
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As of 1 March 2019 swearing or affirming an affidavit has become easier.
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A list of people who can take affidavits can be found at justice.vic.gov.au.
This video shows you how to make a basic affidavit in Victoria.
An affidavit is a legal document used in court proceedings and for other purposes authorised by law. It is made by one person in the presence of an authorised affidavit taker. Some courts and tribunals have different rules about what affidavit format they accept, so please check their websites before completing your affidavit.
You can fill out most of the affidavit form before visiting an authorised affidavit taker, but don’t sign it yet. This needs to be done in their presence. A list of people who can take affidavits can be found at justice.vic.gov.au
Visit an authorised affidavit taker
In their presence you must:
Sign or initial any alteration to the affidavit.
Sign each page and sign the affidavit.
The authorised affidavit taker must then sign or initial any alteration and sign each page of the affidavit. If the affidavit refers to a document, the authorised affidavit taker must attach a certificate identifying it as an exhibit to the affidavit, and sign and date the certificate, and write, type or stamp below the affidavit. You must also sign this certificate.
You will then need to take an oath or make an affirmation to confirm the affidavit is true.
An oath is swearing the truth on a religious or spiritual belief. It can be made using a religious text such as a Bible, Tanach or Quran but does not require one.
An affirmation is a non-religious swearing of the truth. After hearing the oath or affirmation, the authorised affidavit taker must complete the jurat.
The jurat is a section of the affidavit form that includes the place and date the
affidavit is sworn, and the authorised affidavit taker’s signature, name and personal or professional address and authority to take the affidavit.
The affidavit is now made.
For more information on affidavits, including forms and a list of people who can take affidavits, visit justice.vic.gov.au.
Updated 26 April 2023
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